ECVED
    BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOARLERK’S
    OFFICE
    PEOPLE
    OF
    WILLIAMSON
    COUNTY
    ex
    rel.
    )
    AVG
    292008
    STATE’S
    ATFORNEY
    CHARLES
    GARNATI,
    )
    And
    THE
    WILLIAMSON
    COUNTY
    BOARD
    )
    STATE
    0F
    ILLINOIS
    Onution
    Control
    Board
    )
    Petitioners,
    )
    )
    V.
    )
    Case
    No.
    PCB
    2008-93
    )
    Permit
    Appeal-Land
    KIBLER
    DEVELOPMENT
    CORPORATION,
    )
    MARION
    RIDGE
    LANDFILL,
    INC.,
    and
    )
    ILLINOIS
    ENViRONMENTAL
    PROTECTION
    AGENCY,
    )
    )
    Respondents.
    )
    RESPONSE
    OF
    KIBLER
    DEVELOPMENT
    CORPORATION
    AND
    MARION
    RIDGE
    LANDFILL.
    INC.
    TO
    WILLIAMSON
    COUNTY’S
    STATE’S
    ATTORNEY
    CHARLES
    GARNATI’S
    MOTION
    FOR
    RECONSIDERATION
    NOW
    COME
    Respondents,
    KIBLER
    DEVELOPMENT
    CORPORATION
    and
    MARION
    RIDGE
    LANDFILL,
    INC.,
    through
    their
    undersigned
    attorney,
    and
    for
    their
    response
    to
    the
    “Williamson
    County
    State’s
    Attorney,
    Charles
    Garnati’s
    Motion
    for
    Reconsideration,”
    and
    the
    memorandum
    and
    other
    materials
    accompanying
    and
    supporting
    that
    motion,
    state
    as
    follows:
    1.
    By
    Opinion
    and
    Order
    of
    the
    Board
    dated
    July
    10,
    2008,
    this
    Board
    dismissed
    the
    permit
    appeal
    brought
    by
    People
    of
    Williamson
    County
    ex
    rel
    State’s
    Attorney
    Charles
    Garnati,
    and
    the
    Williamson
    County
    Board,
    seeking
    review
    of
    a
    permit
    granted
    by
    Respondent
    Illinois
    Environmental
    Protection
    Agency
    (“Agency”),
    concerning
    a
    non-hazardous
    waste
    landfill
    permit
    issued
    in
    favor
    of
    Respondents
    Kibler
    Development
    Corporation
    and
    Marion
    Ridge
    Landfill,
    Inc.
    2.
    This
    Board’s
    July
    10,
    2008
    Opinion
    and
    Order
    of
    the
    Board
    dismissed
    the
    permit
    proceedings
    on
    the
    grounds
    that
    the
    statute,
    415
    ILCS
    5/40(a)(1),
    makes
    no
    provision
    for
    any
    appeal
    of
    such
    a
    permit
    granted
    by
    the
    Agency,
    but
    only
    allows
    appeals
    from
    permit
    denials
    or
    from
    conditions
    unilaterally
    imposed
    by
    the
    Agency
    in
    granting
    a
    permit.
    Simply
    put,
    this
    Board
    specifically
    ruled
    that
    no
    statutory
    authority
    supported
    the
    unprecedented
    and
    meritless
    petition
    filed
    by
    the
    Petitioners
    in
    this
    case.
    “For
    the
    Board
    to
    allow
    this
    action
    to
    proceed
    as
    a
    permit
    appeal
    would
    amount
    to
    an
    unlawful
    extension
    of
    appeal
    rights
    by
    the
    Board.”
    (Opinion,
    at
    13).

    3.
    Petitioner
    purports
    to
    have
    filed
    a
    motion
    for
    reconsideration
    electronically
    on
    August
    14,
    2008.
    (The
    Williamson
    County
    Board
    did
    not
    join
    in
    the
    motion).
    4.
    Notably,
    the
    certificate
    of
    service
    is
    signed
    by
    one
    “Joan
    Lane,”
    not
    identified
    as
    an
    attorney,
    but
    the
    signature
    is
    not
    notarized;
    moreover,
    it
    fails
    to
    comply
    with
    the
    provisions
    of
    verification
    by
    certification
    allowed
    by
    Section
    1-109
    of
    the
    Code
    of
    Civil
    Procedure,
    735
    ILCS
    5/1-109.
    In
    addition,
    the
    Petitioner
    purports
    to
    have
    filed
    the
    document
    by
    electronic
    means,
    yet
    there
    is
    no
    indication
    in
    the
    record
    that
    leave
    to
    do
    so
    has
    been
    granted
    by
    this
    Board’s
    clerk,
    nor
    by
    the
    hearing
    officer
    in
    this
    case.
    For
    these
    reasons,
    the
    documents
    should
    be
    stricken.
    See 35
    Ill.
    Admin.
    Code
    101.302(d);
    35
    Ill.
    Admin.
    Code
    Part
    101,
    App.
    E
    illustration
    B.
    5.
    The
    motion
    for
    reconsideration
    correctly
    acknowledges
    that
    in
    order
    to
    seek
    reconsideration,
    the
    Petitioner
    must
    identify
    newly
    discovered
    evidence,
    changes
    in
    the
    law,
    or
    errors
    in
    application
    of
    existing
    law.
    Petitioner
    claims
    to
    rely
    upon
    only
    the
    third
    basis—that
    is,
    purported
    errors
    in
    application
    of
    existing
    law—and
    so
    Petitioner
    has
    waived
    any
    claim
    that
    newly
    discovered
    evidence
    or
    changes
    in
    the
    law
    warrant
    reconsideration.
    (S
    Motion
    for
    Reconsideration,
    paragraph
    1).
    6.
    Fully
    one
    half
    of
    the
    motion
    (pages
    3-4),
    and
    of
    the
    memorandum
    supporting
    the
    motion
    (memorandum,
    pages
    5-7),
    as
    well
    as
    all
    documents
    submitted
    in
    support,
    constitute
    “new
    evidence”
    which
    Petitioner
    attempts
    to
    argue
    to
    support
    this
    Board’s
    reconsideration
    of
    its
    July
    11
    ruling.
    However,
    Petitioners
    do
    not
    assert
    that
    any
    of
    this
    supposed
    evidence
    is
    “newly
    discovered,”
    and
    review
    of
    the
    materials
    reveals
    that
    virtually
    all
    of
    it,
    even
    if
    in
    any
    way
    relevant
    to
    any
    issues
    pending
    before
    this
    Board,
    could
    have
    and
    should
    have
    been
    submitted
    in
    Petitioners’
    response
    to
    the
    motions
    to
    dismiss
    that
    were
    dealt
    with
    by
    this
    Board’s
    July
    11
    ruling.
    Petitioner
    does
    not
    even
    attempt
    to
    explain
    why
    this
    information,
    if
    relevant
    to
    its
    petition,
    was
    not
    submitted
    sooner.
    Accordingly,
    the
    second
    halves
    of
    Petitioners’
    motion
    and
    memorandum,
    and
    all
    documents
    submitted
    by
    Petitioner
    in
    support
    of
    the
    motion,
    should
    be
    stricken
    and
    completely
    disregarded
    by
    this
    Board.
    7.
    Petitioner
    also
    purports
    to
    argue
    that
    this
    Board
    misapplied
    the
    law.
    However,
    even
    2

    though
    this
    Board’s
    ruling
    centered
    upon
    the
    statutory
    restrictions
    for
    appealing
    the
    type
    of
    permit
    involved
    in
    this
    case,
    Petitioner
    is completely
    silent
    about the
    statute
    or
    its
    effect
    on
    the
    attempted
    permit
    appeal.
    Indeed,
    Petitioner
    does
    not
    even
    cite
    415
    ILCS
    5/40
    in
    the
    entire
    motion for
    reconsideration,
    or
    supporting
    memorandum!
    8.
    At
    best,
    Petitioner’s
    argument
    is
    no
    more
    than
    a
    re-hash
    of
    arguments
    Petitioner
    previously
    advanced.
    No
    new
    cases
    are
    cited
    in
    Petitioner’s
    motion
    for
    reconsideration,
    and
    Petitioner’s
    arguments
    repeat
    the
    arguments
    previously
    made.
    This
    Board has
    already
    considered
    and
    rejected
    these
    arguments,
    and
    Petitioner’s
    motion
    is
    no
    more
    than
    a
    waste of
    time.
    9.
    Petitioner
    fails
    to
    explain
    why
    this
    Board’s
    July
    11
    Opinion
    and
    Order
    was
    an
    incorrect
    application
    of
    clear
    statutory
    requirements.
    Petitioner’s
    motion
    for
    reconsideration
    is
    as
    frivolous
    as
    the
    purported
    permit
    appeal
    itself,
    and
    it
    should
    be
    denied;
    to
    any
    extent
    this
    Board
    does
    reconsider
    its
    opinion,
    the
    July
    11
    opinion
    must
    be reaffirmed,
    as
    a proper
    application
    of
    clear
    statutory
    law.
    WHEREFORE
    Respondents,
    KIBLER
    DEVELOPMENT
    CORP.
    and
    MARION
    RIDGE
    LANDFILL,
    INC.,
    request
    that
    this
    Board
    deny
    the
    motion
    for
    reconsideration
    filed
    by
    Petitioner
    Charles
    Garnati,
    State’s
    Attorney
    of
    Williamson
    County,
    or
    in the
    alternative
    if
    this
    Board
    determines
    a
    basis
    exists
    to
    reconsider,
    that
    this
    Board
    reaffirm
    its
    July 11
    Opinion
    and
    Order
    in
    this
    case,
    and
    deny
    to
    Petitioner
    any
    further
    relief,
    but
    instead
    grant
    to
    Respondents
    all
    relief
    available
    from
    this
    Board
    including
    the
    imposition
    of
    sanctions.
    Respectfully
    submitted,
    Kibler
    Development
    Corporation
    &
    Marion
    Ridge
    Landfill,
    Inc.,
    Respondents,
    By
    their
    attorney,
    HEDING.
    By
    Hedinger
    Law
    Office
    2601
    South
    Fifth
    Street
    Springfield,
    IL
    62703
    Telephone:
    (217)
    523-2753
    Fax:
    (217)
    523-4366
    3

    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    NOTICE
    OF FILING AND PROOF OF SERVICE
    The undersigned
    certifies that an original and nine copies of the foregoing Response to
    Motion for Reconsideration
    and of this Notice of Filing and Proof
    of
    Service, were served upon the
    Clerk of the Illinois Pollution
    Control Board, and one copy to each of the following parties of
    record and hearing officer in this cause
    by
    enclosing
    same in an envelope addressed to:
    John
    Therriault, Acting Clerk
    (via FedEx)
    Illinois Pollution Control Board
    James R.
    Thompson
    Center
    100W. Randolph St.,
    Suite
    11-500
    Chicago,
    IL 60601
    Melanie Jarvis
    Division of Legal
    Counsel
    Illinois
    Environmental
    Protection Agency
    1021 N. Grand
    Ave. East
    P.O. Box
    19276
    Springfield,
    IL 62794-9276
    Jennifer
    Sackett Pohlenz
    Querrey &
    Harrow
    75
    West
    Jackson Boulevard
    Suite 1600
    Chicago, IL
    60604-2827
    with
    postage fully prepaid, and by
    Springfield, Illinois before 5:30 p.m. on the
    Hedinger
    Law Office
    2601
    South Fifth Street
    Springfield, IL 62703
    Telephone:
    (217)
    523-2753
    Michael J. Ruffley
    Assistant State’s Attorney
    200 Jefferson
    Williamson
    County
    Courthouse
    Marion, IL 62959
    Carol
    Webb,
    Hearing
    Officer
    Illinois Environmental Protection Agency
    1021
    North Grand
    Avenue East
    P.O.
    Box 19276
    Springfield,
    IL
    62794-9276
    This document
    prepared
    on
    recycled
    paper
    BEFORE THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOAR.EflVED
    S
    OFFICE
    PEOPLE OF
    WILLIAMSON
    COUNTY ex
    rel
    STATE’S ATFORNEY
    CHARLES
    GARNATI,
    And THE
    WILLIAMSON COUNTY
    BOARD,
    Petitioners,
    V.
    KIBLER
    DEVELOPMENT
    CORPORATION,
    MARION RIDGE LANDFILL,
    INC., and
    ILLINOIS ENVIRONMENTAL
    PROTECTION
    AGENCY,
    Respondents.
    AUG
    292008
    POllUtIOn
    STATE
    OFIL.LINO,
    8
    Control
    Board
    Case No. PCB 2008-93
    Permit Appeal-Land
    a
    U.S. Post
    Office Mail Box in
    2008.
    4

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